I

107TH CONGRESS

1ST SESSION H. R. 898

To amend title XVIII of the Social Security Act to provide for the coverage

of marriage and family therapist services under part B of the Medicare

Program, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 2001

Mr. STRICKLAND (for himself, Mr. DEAL of Georgia, and Mr. STARK) introduced the following bill; which was referred to the Committee on Energy

and Commerce, and in addition to the Committee on Ways and Means,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To amend title XVIII of the Social Security Act to provide

for the coverage of marriage and family therapist services

under part B of the Medicare Program, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Seniors Mental Health

5 Access Improvement Act of 2001’’.
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1 SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST

2 SERVICES UNDER PART B.

3 (a) COVERAGE OF SERVICES.—Section 1861(s)(2) of

4 the Social Security Act (42 U.S.C. 1395x(s)(2)), as

5 amended by sections 102(a) and 105(a) of othe Medicare,

6 Medicaid, and SCHIP Benefits Improvement and Protec7 tion Act of 2000 (as enacted into law by section 1(a)(6)

8 of Public Law 106–554), is amended—

9 (1) in subparagraph (U), by striking ‘‘and’’ at

10 the end;

11 (2) in subparagraph (V), by striking the period

12 at the end and inserting ‘‘; and’’; and

13 (3) by adding at the end the following new sub14 paragraph:

15 ‘‘(W) marriage and family therapist serv16 ices (as defined in subsection (ww)(1));’’.

17 (b) DEFINITION.—Section 1861 of such Act (42

18 U.S.C. 1395x), as amended by sections 102(b) and 105(b)

19 of the Medicare, Medicaid, and SCHIP Benefits Improve20 ment and Protection Act of 2000 (as enacted into law by

21 section 1(a)(6) of Public Law 106–554), is amended by

22 adding at the end thereof the following new subsection:

23 ‘‘Marriage and Family Therapist Services

24 ‘‘(ww)(1) The term ‘marriage and family therapist

25 services’ means services performed by a marriage and

26 family therapist (as defined in paragraph (2)) for the diag-
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1 nosis and treatment of mental illnesses, which the mar2 riage and family therapist is legally authorized to perform

3 under State law (or the State regulatory mechanism pro4 vided by State law) of the State in which such services

5 are performed, as would otherwise be covered if furnished

6 by a physician or as an incident to a physician’s profes7 sional service, but only if no facility or other provider

8 charges or is paid any amounts with respect to the fur9 nishing of such services.

10 ‘‘(2) The term ‘marriage and family therapist’ means

11 an individual who—

12 ‘‘(A) possesses a master’s or doctoral degree

13 which qualifies for licensure or certification as a

14 marriage and family therapist pursuant to State

15 law;

16 ‘‘(B) after obtaining such degree has performed

17 at least two years of clinical supervised experience in

18 marriage and family therapy; and

19 ‘‘(C) in the case of an individual performing

20 services in a State that provides for licensure or cer21 tification of marriage or family therapists, is li22 censed or certified as a marriage and family thera23 pist in such State.’’.

24 (c) PROVISION FOR PAYMENT UNDER PART B.—Sec25 tion 1832(a)(2)(B) of such Act (42 U.S.C.
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1 1395k(a)(2)(B)) is amended by adding at the end the fol2 lowing new clause:

3 ‘‘(v) marriage and family therapist

4 services;’’.

5 (d) AMOUNT OF PAYMENT.—Section 1833(a)(1) of

6 such Act (42 U.S.C. 13951(a)(1)), as amended by sections

7 105(c) and 223(c) of othe Medicare, Medicaid, and

8 SCHIP Benefits Improvement and Protection Act of 2000

9 (as enacted into law by section 1(a)(6) of Public Law 106–

10 554) is amended—

11 (1) by striking ‘‘and (U)’’ and inserting ‘‘(U)’’;

12 and

13 (2) by inserting before the semicolon at the end

14 the following: ‘‘, and (V) with respect to marriage

15 and family therapist services under section

16 1861(s)(2)(W), the amounts paid shall be 80 percent

17 of the lesser of the actual charge for the services or

18 75 percent of the amount determined for payment of

19 a psychologist under clause (L)’’.

20 (e) EXCLUSION OF MARRIAGE AND FAMILY THERA21 PIST SERVICES FROM SKILLED NURSING FACILITY PRO22 SPECTIVE PAYMENT SYSTEM.—Section 1888(e)(2)(A)(ii)

23 of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended

24 by inserting ‘‘marriage and family therapist services,’’

25 after ‘‘qualified psychologist services,’’.
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1 (f) INCLUSION OF MARRIAGE AND FAMILY THERA2 PISTS AS PRACTITIONERS FOR ASSIGNMENT OF

3 CLAIMS.—Section 1842(b)(18)(C) of such Act (42 U.S.C.

4 1395u(b)(18(C)), as amended by section 105(d) of the

5 Medicare, Medicaid, and SCHIP Benefits Improvement

6 and Protection Act of 2000, as enacted into law by section

7 1(a)(6) of Public Law 106–554, is amended by adding at

8 the end the following new clause:

9 ‘‘(vii) A marriage and family therapist (as de10 fined in section 1861(ww)(2)).’’.

11 SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST

12 SERVICES PROVIDED IN CERTAIN SETTINGS.

13 (a) RURAL HEALTH CLINICS.—Section

14 1861(aa)(1)(B) of the Social Security Act (42 U.S.C.

15 1395x(aa)(1)(B)) is amended by inserting ‘‘, by a mar16 riage and family therapist (as defined in subsection

17 (ww)(2)),’’ after ‘‘by a clinical psychologist (as defined by

18 the Secretary)’’.

19 (b) HOSPICE PROGRAMS.—Section

20 1861(dd)(2)(B)(i)(III) of such Act (42 U.S.C.

21 1395x(dd)(2)(B)(i)(III)) is amended by inserting ‘‘or mar22 riage and family therapist (as defined in subsection

23 (ww)(2))’’ after ‘‘social worker’’.
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1 SEC. 4. AUTHORIZATION OF MARRIAGE AND FAMILY

2 THERAPISTS TO DEVELOP DISCHARGE PLANS

3 FOR POST-HOSPITAL SERVICES.

4 Section 1861(ee)(2)(G) of the Social Security Act (42

5 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ‘‘mar6 riage and family therapist (as defined in subsection

7 (ww)(2)),’’ after ‘‘social worker,’’.

8 SEC. 5. EFFECTIVE DATE.

9 The amendments made by this Act apply with respect

10 to services furnished on or after January 1, 2002.

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